[2014] KEHC 941 (KLR)
The court found that although the deceased provoked the accused by throwing stones, the accused responded with excessive force by hitting the deceased multiple times with stones, causing fatal injuries. The court considered the favourable social inquiry reports and the fact that the accused had already spent five...
Source-derived case information.
- Citation
- [2014] KEHC 941 (KLR)
- Parties
- Applicant: Republic; Defendant: Bernard Kipkirui Ruto; Defendant: Dennis Kiprono Kirui
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 29 of 2009
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Both accused persons convicted of manslaughter and sentenced to three years' imprisonment each.
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Bernard Kipkirui Ruto
Defendant
Dennis Kiprono Kirui
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused persons are guilty of manslaughter following a plea bargain arrangement.
- 2 What is the appropriate sentence considering the circumstances and time spent in custody.
Ratio Decidendi
The court found that although the deceased provoked the accused by throwing stones, the accused responded with excessive force by hitting the deceased multiple times with stones, causing fatal injuries. The court considered the favourable social inquiry reports and the fact that the accused had already spent five years and five months in custody. Balancing the seriousness of the offence with the time already served and the circumstances, the court determined that a sentence of three years' imprisonment for each accused was appropriate.
Court Disposition
Both accused persons convicted of manslaughter and sentenced to three years' imprisonment each.
Orders
- Each accused is sentenced to three years' imprisonment.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 29 OF 2009
REPUBLIC ………………………………..….... PROSECUTOR
VERSUS
BERNARD KIPKIRUI RUTO ………….....……1ST ACCUSED
DENNIS KIPRONO KIRUI ….............................. 2ND ACCUSED
RULING ON SENTENCE
The two accused persons were initially charged with the offence of Murder contrary toSection 203 as read with Section 204 of the Penal Code. The case proceeded to hearing with eight (8) witnesses testifying. The charge was later on reduced to Manslaughter after a plea bargaining arrangement. The social inquiry reports on the accused persons have been filed. They are favourable. The facts show that though the deceased threw stones at the accused persons none of the stones hit any of them.
The postmortem report shows that the deceased suffered several injuries on several parts of the his body. This means he was hit severally with stones leading to the fatal fracture of the sternum. This was uncalled for.
I have however considered that the accused persons have been in custody for five(5) years five(5) months as they awaited the hearing and determination of this case.
Order
Each is sentenced to three(3) years imprisonment.
Dated, signed and delivered this 17th day of December, 2014
H.I. ONG'UDI
JUDGE
In the presence of ;
M/S Munyolo for State
Mr. Korir for Accused 1
Mr. Korir for Mr. Orayo for Accused 2
Accused
Lagat– Court Assistant
Interpretation – English/Kipsigis